The Hon Rod Kemp was Minister for the Arts and Sport from Friday 23 November 2001 to Tuesday 30 January 2007. This site is available for archival purposes only.

New body to take up the fight against drugs in sport

The Minister for the Arts and Sport, Senator Rod Kemp, today announced that the Government will establish a new independent body to take up the fight against drugs in sport in Australia.

Senator Kemp said the new Australian Sports Anti-Doping Authority (ASADA) would provide a new independent body to ensure all doping allegations are fully and rigorously investigated.

“We are very proud and protective of our international reputation for achieving sporting success without the use of illegal and performance enhancing drugs,” Senator Kemp said.

“The Australian Government and its agencies, including the Australian Sports Commission (ASC) and the Australian Sports Drug Agency (ASDA), have been acknowledged as world leaders in fighting drugs in sport and will continue to pursue a sporting environment in which athletes are able to compete fairly.

“With the creation of ASADA, we are delivering on our 2004 election commitment to protect Australia’s outstanding reputation by making our Tough on Drugs in Sport policy even tougher, while ensuring that all athletes are treated fairly in Australia’s anti‑doping regime.

“The ASC and ASDA have for many years been at the forefront of the fight against doping in sport, however the world of anti-doping has changed significantly since the establishment of the World Anti-Doping Agency (WADA) and the adoption of the unified anti-doping code,” the Minister said.

ASADA will assume the existing drug testing, education and advocacy functions of ASDA and include the current Australian Sports Drug Medical Advisory Committee.

It will also take over the ASC’s policy development, approval and monitoring roles and will deal with all allegations of Anti-Doping Rule Violations outlined in the World Anti-Doping Code. Where appropriate, it will also prepare and present cases to the Court of Arbitration for Sport and other sports’ tribunals.

Legislation establishing ASADA would be introduced to Parliament at the earliest opportunity, with the aim that the new agency should be operational early in the new year. More detailed background papers on the new authority have also been released today (see details below).

The Government has committed an additional $5.87 million over four years for the establishment and operation of ASADA, which will supplement ASDA’s existing appropriation of $33.22 million over four years and the $0.55 million per annum already included in the Forward Estimates for enhanced investigation and hearing of doping allegations. This will bring the Government’s total funding for anti‑doping initiatives to a total of $48.14 million over four years.

“The creation of ASADA as the organisational focal point for sports anti-doping activities will help maintain Australia’s place at the forefront of the world-wide effort to beat drug cheats in sport. ”

Media contact: Michael Christo, Minister’s Office, 02 6277 7350 or 0407 040 276

The Australian Sports Anti-Doping Authority

The Australian Government is establishing the Australian Sports Anti-Doping Authority (ASADA) as the new focal point for our fight against drugs in sport. ASADA will incorporate the current functions of the Australian Sports Drug Agency (ASDA) and add new functions for the investigation of doping allegations and presentation of cases at hearings.

Since it first announced its Tough on Drugs in Sport strategy in 1999, the Government’s approach has been to be tough on doping but fair to athletes. Consistent with this approach, in developing ASADA the Government has balanced the protection of athletes’ rights and civil liberties against the need for strong powers to ensure effective and robust investigation and presentation at hearing of doping allegations.

Functions

The functions of ASADA will be to:

assume the existing drug testing, education and advocacy functions of the Australian Sports Drug Agency (ASDA) and include the current Australian Sports Drug Medical Advisory Committee (ASDMAC);
assume the existing policy development, approval and monitoring roles of the Australian Sports Commission (ASC);
in accordance with the World Anti-Doping Code (the Code), define the template that sports should use for their anti-doping policies;
investigate allegations of Anti-Doping Rule Violations under the Code;
report its findings from such investigations to relevant sporting organisations; and
present a case arising from its investigations or otherwise to a sporting tribunal, committee or other hearing body.

Powers

In addition to ASDA’s existing powers, ASADA will:

have the power to conduct investigations on the basis of information acquired from its drug testing and other activities, or where it has received information from any other person, or on its own initiative;
have the power to receive, use and disclose (where appropriate) information from the Australian Customs Service or other law enforcement agencies where that information is relevant to a possible breach of a sport’s anti-doping code;
have the power to present the case at any subsequent sports tribunal hearing in relation to any competitor or support personnel who is alleged to have breached the Code (whether or not ASADA investigated the case);
have the ability to publish adverse findings and findings of ‘no case to answer’ after any sports tribunal hearing has been completed, where such publication is in the public interest; and
be designated a National Anti-Doping Organisation (NADO) under the World Anti-Doping Code.

As a condition of Australian Government funding or other support, sports will be required to ensure that their members and staff cooperate with ASADA.

Jurisdiction

As a condition of funding or other support, the Government will require sporting organisations to submit to the operations of ASADA, including its anti-doping investigations and presentation of cases at hearing. Sports will be able to present the case at a hearing and use its own hearing tribunal if ASADA is satisfied that the sport has a robust and transparent process for its own hearing of doping matters.

As a further condition of its funding and support, the Government will require sports to accept any adverse finding by ASADA, ensure an infraction notice is issued and enforce penalties imposed in accordance with that sport’s anti-doping code.

Structure and governance

ASADA will consist of a board, supported by agency staff, and will be required to report annually to Parliament on its operations. The board will consist of a full time Chief Executive Officer (CEO) who will also be the Chair, as well as a Deputy Chair and up to five other members appointed on a part-time basis. The Government will appoint members with a relevant spread of expertise to ensure the effective exercise of ASADA’s functions.

A New Australian Anti-Doping Framework

Australia is acknowledged as being at the forefront of the fight against doping in sport, balancing a ‘tough on drugs’ approach with ensuring that all athletes are treated fairly and that athletes’ rights are protected. Through its Tough on Drugs in Sport (TODIS) strategy, launched in May 1999 in the lead up to the Sydney 2000 Games, the Government has ensured that Australia has a robust anti‑doping framework that is leading practice. As a key element of this framework, the Government is committed to the World Anti-Doping Code (the Code) established by the World Anti-Doping Agency (WADA).

In its 2004 election policy Building Australian Communities through Sport, the Government committed to strengthening TODIS through enhancing the investigation of doping violations and establishing clear and consistent arrangements for hearing doping in sport matters.

In line with this commitment the Government is now establishing the Australian Sports Anti-Doping Authority (ASADA). ASADA will investigate doping allegations; present doping cases before sporting tribunals; take over the policy development, approval and monitoring role of the Australian Sports Commission; assume the existing functions of the Australian Sports Drug Agency; and incorporate the Australian Sports Drug Medical Advisory Committee. ASADA will work together with sporting bodies to ensure that Australia remains at the forefront of the fight against doping in sport.

A new, integrated anti‑doping regime

Under the new Australian anti‑doping framework:

Athletes will be responsible for:
- being aware of, and complying with, their sport’s anti‑doping policy;
- being available for drug testing;
- in the context of anti‑doping, what substances they ingest and use; and
- ensuring that any medical treatment received complies with their sport’s anti‑doping policy.
Sports will be responsible for:
- adopting anti‑doping policies that are consistent with the World Anti‑Doping Code;
- accepting the jurisdiction of ASADA in relation to investigations of doping allegations and presentation of cases at hearings;
- accepting any findings resulting from ASADA investigations into alleged anti-doping offences; and
- applying appropriate sanctions to athletes and athlete support personnel who breach their anti‑doping policies.
ASADA will:
- define how sports should frame their anti‑doping policies to ensure they are Code compliant;
- monitor the compliance of sporting organisations with these policies, and report breaches to the ASC for action under that sport’s funding agreement with the ASC;
- undertake drug testing;
- develop overarching anti‑doping education programs to encompass athletes from community to professional sporting levels;
- investigate allegations of doping violations under the World Anti‑Doping Code, and present cases against alleged offenders at hearings; and
- receive and take action on relevant information from the Australian Customs Service and other law enforcement agencies in relation to possible doping violations.
The ASC will:
- through its funding agreements with sporting organisations, require all sports to:
  - adopt World Anti‑Doping Code compliant anti‑doping policies, within the template defined by ASADA, and
  - accept the jurisdiction of ASADA in relation to investigations and presentation of cases at hearings. A sport will be able to present the case at a hearing and use its own hearing tribunal if ASADA is satisfied that the sport has a robust and transparent process for its own hearing of doping matters.
- in the event of a breach of a sport’s anti‑doping obligations being determined by ASADA, determine the consequences of non‑compliance, taking into consideration ASADA’s view of appropriate action; and
- complement ASADA’s broader education curriculum by educating Australian Institute of Sport athletes on their anti‑doping responsibilities.
The Court of Arbitration for Sport and other sporting tribunals will continue to hear cases of doping violations and impose penalties. ASADA will now appear before these tribunals to present the case against alleged offenders.

What will ASADA mean for sports?

The Government believes that all sports should be subject to consistent, robust, independent and transparent arrangements for investigation and dealing with doping allegations. This is why, as a condition of funding and other support, the Government will require sports to:

refer all instances of possible doping violations to ASADA for investigation;
accept any adverse findings from ASADA and ensure a doping infraction notice is issued and enforce penalties in accordance with that sport’s anti-doping code; and
allow ASADA to present anti-doping cases at hearingsunless ASADA has approved a sport presenting its own case.

This will:

remove the responsibility for investigating doping allegations from sports, many of whom do not have the resources or expertise to ensure that doping allegations are fully and rigorously investigated;
ensure public confidence in the fair, independent and robust investigation of all doping allegations; and
ensure that allegations are thoroughly investigated and cases objectively presented before sporting tribunals, including the Court of Arbitration for Sport.

What will ASADA mean for athletes?

All athletes will now be subject to the same rigorous standard of investigation for doping allegations, which will ensure they receive a full but fair hearing.

As they are with ASDA, the Government is keen that athletes’ rights are protected under the new system:

Athletes will continue to have access to established external review mechanisms if they are concerned about aspects of ASADA’s testing or investigation. These include the Commonwealth Ombudsman, the Administrative Appeals Tribunal and the Federal Court or Federal Magistrates Court under the Administrative Decisions (Judicial Review) Act 1977.
Further, the Privacy Act 1988 will apply to ASADA’s activities.

But any athlete who chooses to use drugs to cheat at their sport can be assured that the full weight of ASADA’s powers and processes will be applied to detect them.